A. Bed And Breakfast Inns:
1. Bed and breakfast inns may be allowed as a special use in the R-1, R-2, R-3, and R-4 zoning districts based on meeting the following performance standards:
a. The inn shall be a private owner occupied residence.
b. The inn shall be subordinate and incidental to the residential use of the building.
c. The inn shall not have more than five (5) guestrooms.
d. No guest shall remain in a bed and breakfast inn for more than fourteen (14) consecutive days.
e. Meals shall be served only to overnight guests.
f. No food preparation or storage facilities shall be provided in guestrooms.
g. No bed and breakfast inn shall be located within five hundred feet (500') of any other bed and breakfast inn.
B. “Type B” Short-Term Rentals:
1. “Type B” short-term rentals may be allowed as a special use in R-1, R-2, R-3, and R-4 zoning districts based on meeting the following performance standards:
a. The owner of the dwelling is not present on site during the short-term rental.
b. No more than one (1) unit in any dwelling may be rented at the same time as a short-term rental unit.
c. Only one group of patrons in a 24-hour period shall be allowed in a “Type B” short-term rental unit.
d. “Type B” Short-Term Rental Units shall be subject to and shall comply with all requirements of the city and state building, fire, safety, and occupancy codes and limits.
e. Any “Type B” Short-Term Rental Unit special use permit issued under this subsection shall be non-transferrable.
f. With the exception of the C-4 downtown commercial district and the MR marina recreation district, there shall be no off-site parking associated with the Short-Term Rental Unit.
g. In “Type B” Short-Term Rentals where the licensed operator is not present, upon any notification that any transient, occupant, or guest of the Short-Term Rental Unit property has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violation of any applicable law, rule, or regulations pertaining to the use and occupancy of the Short-Term Rental Unit property, the licensed operator shall respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct. Failure of the owner to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of a Short-Term Rental Unit in a timely and appropriate manner shall be grounds for revocation of the special use permit as prescribed in section 11-11-4 and/or revocation of the Short-Term Rental license as prescribed in section 4-22-10 and shall subject the owner to all administrative, legal, and equitable remedies available to the City.
C. Delicatessens:
1. Delicatessens may be allowed as a special use in the R-4 zoning district based on meeting the following performance standards:
a. Only food and nonalcoholic beverages may be served.
b. Food and beverages will primarily be served to persons seated within the building.
c. The hours of operation are limited to six o’clock (6:00) A.M. to seven o’clock (7:00) P.M.
d. The maximum seating capacity in the delicatessen is limited to sixty (60) people.
D. Payday Loan Companies, Check Cashing Establishments, Title Loan Companies, Pawnshops And Similar Uses:
1. Payday loan companies (a use within NAICS code 52239), check cashing establishments (a use within NAICS code 52239), title loan companies (a use within NAICS code 52239), pawnshops (a use within NAICS code 52229), and similar uses within NAICS code 52229 may be allowed as a special use in the M-2 district based on meeting the following performance standards:
a. Shall be on a site of at least twenty thousand (20,000) square feet.
b. All property lines of the lot on which the business is located shall be at least three hundred feet (300') from the nearest property line of any church or similar place of worship, school, or any residentially zoned property.
c. All property lines of the lot on which the business is located shall be at least one thousand feet (1,000') from the nearest property line of any other use classified within NAICS code 5222, including such businesses located outside of the Alton city limits.
d. All property lines of the lot on which the business is located shall be at least one thousand feet (1,000') from the nearest property line of any establishment that serves liquor by the drink or any casino or parking lot for any casino.
e. The establishment shall not be open for business between the hours of eight o’clock (8:00) P.M. and seven o’clock (7:00) A.M.
f. The establishment shall have an interior space for patrons to transact business and shall not have a drive-up or walk-up window or any type of drive-through arrangements.
g. No bars, heavy mesh screens or similar material shall be allowed on the exterior of the building and no such material located on the interior of the building shall be visible from outside the building.
E. Beauty Salons Or Barbershops:
1. Beauty salons or barbershops may be allowed as a special use in the R-1, R-2, R-3, R-4, and R-6 zoning districts based on meeting the following performance standards:
a. The beauty salon or barbershop shall have no more than two (2) persons involved in the operation at any point in time; and
b. All such persons involved in the operation shall actually reside on the premises.
F. Renewable Energy Systems:
1. Purpose: The provisions of this subsection are intended to establish zoning parameters by which utility scale solar and small wind energy systems may be installed in the city of Alton. Large wind energy systems are not permitted in any zoning district of the City of Alton. Additional forms of renewable energy not addressed explicitly herein may be authorized subject to compliance with the applicable codes and standards of the city of Alton.
2. Illumination: Illumination of a renewable energy system shall be prohibited, except to accommodate coinstallation of parking lot lighting luminaires or as required by the federal aviation administration (FAA) or other state or federal agency of competent jurisdiction.
3. Commercial Signage: No commercial signage or attention getting device is permitted on any renewable energy system.
a. A sign of a plain white background with black lettering not exceeding four (4) square feet in size shall be provided on each small wind energy system which indicates the emergency contact information of the property owner or operator.
4. Height:
a. The maximum height of a freestanding solar energy system shall be twelve feet (12') as measured from the average grade at the base of the pole to the highest edge of the system.
5. Location And Setbacks:
a. A freestanding small wind energy system, including all appurtenances and anchoring equipment, shall not be located within the required front yard or street side yard or in any utility, water, sewer, or other type of public easement.
b. A freestanding small wind energy system shall be set back a distance equal to one point one (1.1) times the system height, from the base to all property lines, third party transmission lines, freestanding wind energy systems, overhead electric distribution systems, and communication towers.
6. Noise: Measured at the property line, a small wind energy system shall not make noise in excess of fifty five (55) dBa in residential districts or sixty (60) dBa in nonresidential districts except during such short term events as utility outage or a severe windstorm. The City may, at its discretion, require a professional sound measurement by a third party expert at the expense of the property owner, to confirm performance of a small wind energy system in accordance with the performance standards as measured from the ground level at the nearest property line.
7. Color: Small wind energy systems shall be monochromatic in color, finished with a neutral and nonreflective coating, such as white or light gray. Ground equipment, such as cabinets and associated facilities, shall be factory finished to match or complement the color of other structures on the lot.
8. Unauthorized Access: Freestanding wind energy systems and all components thereof shall be protected against unauthorized access by the public. No climbing ladder, foot pegs or rungs shall be permanently attached below a height of twelve feet (12') above grade.
9. Maintenance And Removal Of Renewable Energy Systems:
a. Renewable energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable Building and Technical Codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.
b. If the City determines that a renewable energy system fails to comply with the applicable provisions of this Code, the City shall provide written notification to the property owner. The property owner shall have a period of one hundred twenty (120) days from the date of notification to either restore the renewable energy system to operation or remove the system.
c. In the event such renewable energy system is not brought into compliance with this Code within the specified time period, the City may remove or cause the removal of said facility at the property owner’s expense.
d. The City may pursue any and all available legal remedies to ensure that a renewable energy system which fails to comply with this Code or which constitutes a danger to persons or property is brought into compliance or removed.
e. Any delay by the City in taking enforcement action against the owner of a renewable energy system and the owner of the property if such owner is different from the owner of such facility, shall not waive the City’s right to take any action at a later time.
f. The City may seek to have the renewable energy system removed regardless of the owner’s or operator’s intent to said facility, and regardless of any permits that may have been issued or granted.
g. After the renewable energy system is removed, the owner of the subject property shall promptly restore the subject property to a condition consistent with the property’s condition prior to the installation of the system.
G. Offices of Physicians:
1. Offices of Physicians {NAICS 621111) may be allowed as a special use in the R-2 zoning district based on meeting the following performance standards:
a. The property on which the office is located shall be adjacent to a major street as defined in 6-1-2-A of this Code.
c. Off-street parking areas shall be screened from adjacent residential uses with a six (6)-foot tall sight-proof fence and or a landscape buffer as approved by the Plan Commission.
d. Hours of operation shall be limited to six o'clock (6:00) A.M. to seven o'clock (7:00)P.M. (Ord. 6734, 6-11-2003; amd. 6754, 8-13-2003; Ord. 7144, 5-27-2009; Ord. 7373, 10-9-2013; Ord. 7438, 12-17-2014; Ord. 7664, 8-22-2018; Ord. 7795, 12-17-2020; Ord. 7870, 1-11-2023; Ord. 7879, 4-12-2023; Ord. 7891, 6-14-2023; Ord. 7904, 9-27-2023)